Loading...
Minutes 09-19-95 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 19, 1995, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tem Shirley Jaskiewicz, Commissioner Sidney Rosen, Commissioner Dale Sugerman, Asst. City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Ao Call to Order - Mayor Gerald Taylor Invocation - Reverend John Block, St. Mark Catholic Church Pledge of Allegiance to the Flag led by Vice Mayor Matt Bradley Mayor Taylor called the meeting to order at 6:30 p.m. The invocation was offered by Reverend John Block, followed by the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Jaskiewicz requested the addition of Item IX-B.2, "Set Date for Workshop Meeting to Address Appearance Code". Mayor Pro Tem Matson added two items. Meadows Boulevard", and Item VI-3.B, Community". Item VI-3 will be "Report of Selective Enforcement on "Facilitation of a Meeting Referencing the Meadows Vice Mayor Bradley requested that Items X-A.3 and X-B.1 be stricken from the agenda. These items relate to the Board of Adjustment. As a result of the workshop meeting, the City Attorney is drafting a new Ordinance to fill the board. Attorney Cherof advised that the new Ordinance will be ready for first reading at the next meeting. 2. Adoption Vice Mayor Bradley moved to approve the agenda as amended. Mayor Pro Tem Matson seconded the motion which carried unanimously. II. ADMINISTRATIVE: A. Accept resignation from Janine Nelson Hoffman from Recreation & Parks Board MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Mayor Pro Tem Matson moved to accept the resignation. Commissioner Jaskiewicz seconded the motion which carried unanimously. B. Appointments to be made Appointment To, Be Made Length of Term Board Expiration Date Mayor Taylor IV Matson II Bradley IV Matson II Bradley IV Matson II Bradley IV Matson IV Matson Mayor Taylor III Jaskiewicz IV Matson Mayor Taylor II Bradley Board of Adjustment Alt Bldg. Bd. of Adj. & Appeals Alt Cemetery Board Alt Children & Youth Adv. Bd. Alt Library Board Alt *Senior Advisory Board Reg Senior Advisory Board Alt Cemetery Board Reg Comm. Redev. Adv. Bd. Reg Community Relations Board Reg Code Enforcement Board Reg Code Enforcement Board Alt Code Enforcement Board Alt Recreation & Parks Bd Alt Term expires 4/97 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/96 Term expires 4/97 1 yr term to 4/96 Term expires 4/96 3 yr term to 9/98 1 yr term to 9/96 1 yr term to 9/96 Term expires 4/96 TABLED TABLED TAB LED TABLED TABLED TABLED TABLED TAB LED TAB LED TABLED TABLED TABLED TABLED Mayor Pro Tem Matson moved to remove the tabled appointments from the table. Commissioner Rosen seconded the motion which carried unanimously. Mayor Taylor appointed Patti Hammer as a regular member of the Community Relations Board, without objection. Mayor Taylor appointed Kevin Artis as an alternate member of the Code Enforcement Board, without objection. Mayor Taylor tabled all of his remaining appointments. Mayor Pro Tem Matson requested that all of her appointments remain on the table. Vice Mayor Bradley requested that all of his appointments remain on the table. Commissioner Jaskiewicz appointed Enrico Rossi as a regular member of the Code Enforcement Board, without objection. In addition, Commissioner Jaskiewicz advised that she has spoken with Betty Boroni who would like 2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 to serve on the Cemetery Board. Her application has not yet been received. She asked Vice Mayor Bradley and Mayor Pro Tem Matson to consider relinquishing one of their appointments to allow her to appoint Ms. Boroni. Mayor Pro Tem Matson is awaiting the arrival of an application for the Cemetery Board appointment. Motion Vice Mayor Bradley moved to accept the appointments as submitted, and table all remaining appointments. Mayor Pro Tem Matson seconded the motion which carried 5-0. III. CONSENT AGENDA: A. Minutes: 1. Regular City Commission Meeting Minutes of September 5, 1995 These minutes were accepted as submitted. 2. City Commission Workshop Meeting Minutes of September 8, 1995 Commissioner Rosen requested that the last word on Page 15 be corrected to read "misdemeanor". 3. Joint City Commission/Chamber of Commerce Meeting Minutes of September 11, 1995 In response to Mayor Pro Tem Matson~s inquiry, Mayor Taylor confirmed that her conflict, which resulted in absence from the joint meeting, was explained at the meeting and appears in the minutes. Bids - Recommend Approval- All expenditures are approved in the 1994-95 Adopted Budget Award bid to Jones Chemicals, Inc., for the Annual Supply of Sulfuric Acid in the approximate amount of $37,000. Utilities Memorandum No. 95-277 dated September 7, 1995, forwarded Mr. Guidry's recommendation to award this bid to the lowest bidder, Jones Chemicals, Inc. The cost of $37,000 was based on an average daily usage of 3,000 pounds. Funds are available in Account No. 401-335-5-365.00. Mayor Taylor pulled this item from the Consent Agenda for further discussion. Award bid to Laserturf Leveling for Golf Course Tee Renovation in the amount of $18,990.97 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Golf Course Memorandum #95-045 offers a recommendation to award this contract to the lowest bidder, Laserturf Leveling. This company has performed very well in the past. Funds are available in Account #411-726-5-680.09. C. Resolutions Proposed Resolution No. R95-145 Re: Authorize execution of Renewal of Boat Club/Bait Shop Lease Agreement between the City of Boynton Beach and Kenneth Welch Proposed Resolution No. R95-146 Re: Request for certain action from the South Lake Worth Inlet District regarding the Boynton Beach Inlet jetty extension o Proposed Resolution No. R95-147 Lane Re: Rename NW 31st Terrace to Collins Proposed Resolution No. R95-148 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of August 31, 1995, the purchase of a new ½ ton pickup truck from Wallace Ford in the amount of $14,684 o Proposed Resolution No. R95-149 Re: Authorize execution of contractwith Dr. James Denson Godwin, M.D., to serve as the City's Medical Director for Emergency Medical Services Proposed Resolution No. R95-150 Re: Authorize execution of ag[eement for Consultant Engineering Services with Mock Roos & Associates to construct a new water main along Gateway Boulevard west of Lawrence Road Proposed Resolution No. R95-151 Re: Authorize execution of one-year extension of annual bid for Concessionaire for the Great American Love Affair's (G.A.L.A.) Art & Cultural Festival to San Francisco Puffs and Stuff Proposed Resolution No. R95-152 Inland Navigation District Contract downtown Mangrove Park Re: Authorize execution of Florida Extension to project agreement for Proposed Resolution No. R95-153 Re: Declaring the public necessity of acquiring four (4) parcels of property for the expansion of a park facility in the City of Boynton Beach bounded by the C-16 Canal D. Approval of Bills A copy of these bills is attached to the original set of minutes on file in the City Clerk's Office. 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 F. Payment of Bills - August, 1995 A copy of these bills is attached to the original set of minutes on file in the City Clerk's Office. Fo Disposal/donation of municipal property to Palm Beach Community College Criminal Justice Institute As outlined in Memorandum 95-129 dated August 31, 1995, from Deputy Chief Padich to Dale Sugerman, Mr. Fisher has confirmed that surplus vehicle #377 (a former unmarked detective's vehicle) is not scheduled to be reassigned anywhere in the City due to its poor condition. At auction, this vehicle would probably return only $200 to the City. Therefore, Mr. Fisher had no objection to donating this vehicle in response to the Palm Beach Criminal Justice Institute's request. Approve Change Order No. 8 for American Standard Construction to change original specification to install modified roof system in lieu of the specified asphalt shingles at Wilson Center in the amount of $1,350 Facilities Management Division Memorandum No. 95-110 dated September 6, 1995, advises that this is the last roof in the Re-roofing Project, and its completion will close out this job. Ho Rejection of bids for Restaurant Concession at Boynton Beach Municipal Golf Course and renewal of a lease for one additional year with Partner's Plus International As outlined in Golf Course Memorandum #95-046 dated September 11, 1995, three bids were submitted for this Concession. All three bidders were interviewed by a committee, and there was a unanimous vote to reject all of the bids and to renew the current concession agreement for one year if Partner's Plus would agree to stipulations outlined by the City. Motion Mayor Pro Tem Matson moved to approve the Consent Agenda with removal of Item B-1. Vice Mayor Bradley seconded the motion which carried unanimously. B Bids - Recommend Approval - All expenditures are approved in the 1994-95 Adopted Budget Award bid to Jones Chemicals, Inc., for the Annual Supply of Sulfuric Acid in the approximate amount of $37,000. Utilities Memorandum No. 95-277 dated September 7, 1995, forwards Mr. Guidry's recommendation. The cost was based on an average daily usage of 3,000 pounds. Funds are available in Account No. 401-335-5-365.00. In response to Mayor Taylor's inquiry relative to a 28 percent increase over last year's cost, Bob Kenyon MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 confirmed that Jones Chemicals, Inc., is the company which was used last year. In addition to sulfuric acid, the City purchases chlorine from them. The increased cost for sulfuric acid is significant; however, Utilities is experiencing similar increases in the cost of chlorine and sodium hydroxide. The reason for the increase is unknown. Three bids were received, and Jones Chemicals was the Iow bidder. Mayor Taylor questioned whether piggybacking with another community might result in a lower price. Mr. Kenyon advised that it can be done; however, it would depend on the freight from the terminal. Motion Mayor Pro Tem Matson moved to approve Item B-1. Commissioner Jaskiewicz seconded the motion which carried unanimously. IV. ANNOUNCEMENT & PRESENTATIONS: Mayor Pro Tem Matson requested that the Commission consider changing the date of the next City Commission meeting to Monday, October 2, 1995, to enable her to attend the Wrice Process march in Columbus, Georgia. Consensus There was a consensus of the Commission to conduct the next regular City Commission meeting on Monday, October 2, 1995. A. Announcements: First meeting in October will be held Thursday, October 5, 1995, due to the Jewish Holiday, Yom Kippur Mayor Taylor announced that this date has been changed to Monday, October 2, 1995. B. Presentations: Presentation by the Boynton Beach Little League in appreciation of the Sectional and State Tournaments hosted at Little League Park Dave Barie, President of the Boynton Beach Little League Association, advised that baseball and softball have been provided in the City for the past 37 years. The City provides the facility on Woolbright Road for use by the Little League. This year, new lighting was installed at the fields, and Little League was asked to host the Sectional and State Tournaments for Softball. Teams from around the State participated. Little League requested that the City handle certain items. Through City Manager Parker and Mr. Frederick, everything was taken care of and compliments were received throughout the tournament. Little League was proud to represent Boynton Beach in this tournament. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 On behalf of the 700 players, managers, coaches, and parents, Mr. Barie presented two plaques; one to the City, and one to the Recreation and Park Department, for continued support. In addition, shirts, caps and pins were available for the Commissioners. In response to Vice Mayor Bradley's question, Mr. Barie advised that there were approximately 50 fourteen and fifteen year old girls from out of town participating in this activity for a two-week period. Charles Frederick, Director of Recreation and Park Department, advised that since Mr. Barie has been President of the Boynton Beach Little League, cooperation has been tremendous among himself, his staff and City staff. Mayor Taylor thanked Mr. Barie for his work on the Little League. 2. Proclamation - Constitution Week - September 17-23, 1995 Mayor Taylor read a Proclamation declaring the week of September 17 through September 23, as Constitution Week. V. BIDS: None VII. PUBLIC AUDIENCE: SINCE IT WAS TOO EARLY TO BEGIN THE PUBLIC HEARING, THE AGENDA WAS MOVED TO PUBLIC AUDIENCE. Mayor Pro Tem Matson addressed the following items: ~'Report on Selective Enforcement on Meadows Boulevard~' In response to concerns expressed by residents of the Meadows, Mayor Pro Tem Matson requested selective enforcement in this area relative to speeders. The Police Department reports that approximately 110 vehicles used Meadows Boulevard during the period from 7:00 a.m. to 9:00 a.m. and 4:30 p.m. to 6:30 p.m. on weekdays. A total of 13 written warnings were issued. Of those 13 warnings, 12 were issued to residents of the area. The average speed for the area was approximately 12 to 14 mph over the posted speed of 25 mph. The Police Department is looking for voluntary compliance with speed limits. A more detailed report will be forthcoming in two weeks. That report will be forwarded to the property manager. "Facilitate a Meeting with Residents of the Meadows" Mayor Pro Tem Matson was advised by notice in her mailbox of a meeting to be held at the Meadows last Saturday morning. She discussed the proposed meeting with the developer in an attempt to have him present at that meeting. She also discussed the proposed meeting with the City Attorney. During MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 that discussion, a determination was made that the residents be given the opportunity to vent their concerns at their own meeting. MaYor Pro Tem Matson has offered to arrange a meeting with three representatives of the community, the City Manager, the City Attorney, the Recreation and Parks Director, the Planning and Zoning Director, and herself, as District representative. The developer has also agreed to attend the meeting to address issues of concern. Mayor Pro Tem Matson realizes that there is a great deal of miscommunication relative to the project. A meeting will help to iron out the differences and miscommunications. As soon as the City Manager returns, this meeting will be scheduled. Mayor Pro Tem Matson reminded the citizens to alert their elected officials of their concerns. She pointed out the importance of learning to trust government, and the importance of realizing that most times, problems can be solved before they become huge problems. Mayor Taylor felt this suggestion for a meeting was an excellent idea. He realizes that there has been miscommunication which can be resolved by sitting down to mediate. Commissioner Rosen complimented Mayor Pro Tern Matson for her handling of this situation. Consensus There was a consensus of the Commission that a meeting be facilitated. MAYOR TAYLOR ANNOUNCED THAT EACH PUBLIC SPEAKER WOULD BE ALLOWED THREE MINUTES TO SPEAK. THE PUBLIC AUDIENCE PORTION OF THE AGENDA WOULD BE HALTED AT 7:00 P.M. TO RETURN TO PUBLIC HEARING. FOLLOWING THE PUBLIC HEARING, THE AGENDA WILL THEN AGAIN RETURN TO PUBLIC AUDIENCE. Harry Stein, 761~LF.~Ocean Avenue, distributed copies of the following documents to the Commissioners: Calendar of Official Meetings for the month of September Application for position of Redevelopment Coordinator filed by Ann Ford (undated) Letter of reference from Gene E. Johnson, Attorney - (undated) The Professional Services Agreement for the Downtown District Coordinator Minutes of the Community Redevelopment Advisory Board meeting which was held on September 11, 1995 In Mr. SteinTs opinion, on September 11, 1995, democracy was raped. The basic principals of democratic procedure are notice and the right to be heard. Both principals were violated. Al Karp, resident of the Meadows, thanked the Commission for the increased Police protection in the Meadows. He accepted Mayor Pro Tem Matson's offer to meet with the City to discuss the community concerns. He will contact Mayor Pro Tem Matson to work out a date for the meeting. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 VI. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Final Budget and Aggregate Millage Rate for Fiscal Year 1995/96 Attorney Cherof advised that the millage must be adopted prior to adoption of the budget; therefore, he read Proposed Resolution No. R95-154 in its entirety. 1. Citizen Comments Harry Stein~E,_Ocean Avenue, reminded the Commissioners of his previous requests that they not fund the position of Downtown District Coordinator for the next fiscal year. He further requests that no funding be provided for the position of Economic Development Coordinator or for the construction of the bridge on East Ocean Avenue. In addition, he stated that the City can save an additional $1,500 by immediately terminating the Downtown District Coordinator's contractor. THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Proposed Resolution No. R95-154 Year 1995/96 Re: Adopt final millage rate for Fiscal Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-154. Vice Mayor Bradley seconded the motion which carried unanimously. 3. Proposed Resolution No. R95-155 1995/96 Re: Adopt final Budget for Fiscal Year Attorney Cherof read Proposed Resolution No. R95-155 by title only. Attorney Cherof advised that the total amount of the budget is $31,889,1 75. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. No. R95-155. Commissioner Mayor Pro Tem Matson moved to approve Proposed Resolution Jaskiewicz seconded the motion which carried unanimously. B. Abandonments necessary for Poinciana School Project Name: Agent: Owner: Location: Description: N.W. 12th Avenue (Lincoln Avenue) Agustin Hernandez City of Boynton Beach N.W. 12th Avenue, west of Seacrest Boulevard ABANDONMENT: Request for abandonment of a portion of N.W. 12th Avenue west of Seacrest Mr. Harry Fix, Planning Specialist for the School Board, was present to represent the application. 9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Motion Mayor Pro Tem Matson moved to approve Abandonment B.1, for NW 12th Avenue (Lincoln Avenue), City of Boynton Beach, west of Seacrest Boulevard, for the abandonment of a portion of NW 12th Avenue, necessary for Poinciana School. Vice Mayor Bradley seconded the motion which carried unanimously. o Project Name: Agent: Owner: Location: Description: Washington Avenue Agustin Hernandez City of Boynton Beach Washington Avenue, west of Seacrest Boulevard ABANDONMENT: Request for abandonment of an unimproved right-of-way between N.W. 12th Avenue and N.W. 13th Avenue west of Seacrest Boulevard THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Motion Mayor Pro Tem Matson moved to approve. Vice Mayor Bradley seconded the motion which carried unanimously. o Project Name: Agent: Owner: Location: Description: Cherry Hills Plat, Lots 508-517 Agustin Hernandez Palm Beach County School Board Cherry Hills Subdivision, Lots 508-51 7 ABANDONMENT: Request for abandonment of a six foot wide utility easement THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Motion Mayor Pro Tem MatSon moved to approve. Vice Mayor Bradley seconded the motion which carried unanimously. On behalf of Mr. Hernandez, Mr. Fix commended the City on the cooperation received from staff. He particularly commended Vice Mayor Bradley for his efforts in moving this project forward. C. Other Abandonments ]0 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Project Name: Agent: Owner: Location: Description: Miner Road Richard Harris for Condor Investments of Palm Beach County City of Boynton Beach Miner Road between High Ridge Road and 1-95 ABANDONMENT: Request for abandonment of a 54 foot wide portion of the Miner Road right-of-way east of High Ridge Road Richard Harris advised that there are a number of problems with this abandonment. He requested direction from the City. The applicant has requested abandonment of a 54' wide portion of the Miner Road right-of-way which is platted by Cedar Ridge and Congress Park. This is the north portion of the Miner Road right-of-way between High Ridge Road and the railroad tracks. There is, by virtue of a deed to the City in 1976, an additional 25' of right-of-way which runs from High Ridge Road about 340'~ east adjacent to this. At that point, there is 79' of right-of-way. To the east of that, there is a stretch of property about 560' in length where an additional 54' was dedicated by the plat of Boynton Beach Distribution Center. At that point, there is 108' of right-of-way. Staff recommended that the applicant seek abandonment of the 25' as well as the additional 54' dedicated by the Boynton Beach Distribution Center plat. There are a number of other issues. However, the applicant needs to file or amend his petition so that the entire case is heard at one time. There are other issues concerning certain parcels being landlocked by the abandonment of Miner Road. Mr. Harris explained that there are existing easements. Three parcels were specifically mentioned by staff. They are: 1 ) a parcel owned by the Rollysons; 2) a parcel owned by Florentine Marble; and 3) a parcel owned by Florida Department of Transportation. With regard to the Rollyson and Florentine Marble parcels, there are existing easements which supply access to those parcels to Industrial Way. The Florida Department of Transportation parcel is more difficult. In his opinion, this parcel is included in the 1-95 right-of-way, and does not abut the Miner Road right-of-way. An issue was raised with respect to a possible flyover at some point in the future in order to allow the Fire Department a quicker response time to the section east of 1-95. Staff recommended that the applicant inquire whether or not FDOT and CSX would permit a flyover. Mr. Harris feels this is unnecessary and has become aware of estimates of as much as $25 million to build a flyover at that location. In addition, this location is highly impractical since it is only .45 miles from the Gateway Boulevard flyover and additional right-of-way would have to be condemned for it. There is no right-of- way available on the west side of 1-95. Also, the flyover would have to be elevated beginning at High Ridge Road and that would cause problems for the landowners abutting it. Ms. Heyden recommended tabling this abandonment until the other applications, which must be submitted, have time to catch up with this application. With regard to the landlocking of the parcels, verification would have to be provided for staff to review. This tabling will allow verification of whether or not the flyover is permittable by DOT and CSX. Mayor Taylor is not certain a flyover is realistic due to cost and proximity to the flyover at Gateway BOulevard. He requested clarification regarding the landlocked parcels. 11 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Mr. Harris has searched the public records to find the easements. He will be happy to document that search. Motion Co. mmissioner ]askiewicz moved to table this item until we get the necessary documentation. Vice Mayor Bradley seconded the motion which carried unanimously. Project Name: Agent: Owner: Location: Description: Forest Court Richard Harris for Condor Investments of Palm Beach County City of Boynton Beach Forest Court ABANDONMENT: Request for the abandonment of the Forest Court right-of-way Mr. Harris advised that the abandonment was one of the conditions imposed on Lake Worth Christian School by the City Commission. This is the portion of the plat of Cedar Ridge that establishes Forest Court on properties the school is acquiring. A question has been raised relative to the ownership of the road. Mr. Harris has examined the title to the property and can provide the status of it. Ms. Heyden does not feel there is a question about ownership. However, when the Engineering Department reviewed the plat, the language was not clear. This issue was referred to the City Attorney's office for an opinion. He concluded that in order to be absolutely clear, a title opinion should be obtained. This was discussed with Mr. Harris, and he agreed to provide that opinion on Forest Cou rt. Mr. Harris advised that the dedication on the plat is to the City of Boynton Beach. The roadway is marked as Tract S-4. Ms. Heyden agreed with Mr. Harris' remarks. Attorney Cherof stated that if Mr. Harris will supplement his request with his opinion of title with respect to the fact that it is the City's property to abandon, the requirement will be satisfied. Mr. Harris agreed to provide that opinion in the form of a letter. Motion Mayor Pro Tem Matson moved to approve the abandonment of Forest Court right-of-way subject to an opinion in writing from Mr. Harris of clear title and subject to staff comments. Vice Mayor Bradley seconded the motion which carried unanimously. VII. PUBLIC AUDIENCE: Lee Wische; 1302 SW 18 Street, requested clarification on the status of Taco Bell. Mayor Taylor advised that the developer indicated that Taco Bell has withdrawn from the project. ]2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 D~ve Beasley, 515 SW 2 Ave~, is a member of the Planning and Development Board. He has a problem with the Community Design Plan or the way in which it is interpreted. His opinion is quite different from staff's. There are a number of issues on the agenda this evening that deal with the Community Design Plan. Mr. Beasley feels this Plan leaves too much interpretation and personal opinion. In some cases, staff attempts to totally redesign buildings. Buildings have been denied when people feel they are not attractive enough. They may comply with every Code and not require any variances, but they are still denied. He feels this is a problem. He requested direction from the Commission relative to what is expected from the Planning and Development Board regarding the Community Design Plan. Commissioner Rosen suggested addressing this issue at a workshop meeting. Mayor Taylor agrees that the Community Design Plan needs clarification. Je~ presented the City with a copy of an ad which was run in Florida Trend magazine thanking the City of Boynton Beach and Motorola for their exceptional cooperation and professional assistance in timely permitting, design approval, construction inspection and CO at Motorola's new 100,000 square foot office facility. Mr. Lis said it was an exceptional experience working with City staff. The cooperation was phenomenal and the project was a success. Mayor Taylor congratulated Mr. Lis for the great job done on that new facility. It is being used as an example to other people interested in coming to Boynton Beach. VIII. DEVELOPMENT PLANS: Ao Project Name: Papa John's ........................................................ TABLED APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17, 1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard Description: LANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars Bo Project Name: Papa John's ......................................................... TABLED APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17, 1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard Description: NEW SITE PLAN: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres. The applicant has requested that Items A and B remain on the table until October 1 7, 1995. ]3 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Consensus There was a consensus of the Commission to leave these items on the table. Attorney Cherof administered the oath to everyone who would be testifying during the following proceedings. Project Name: Agent: Owner: Location: Description: Clear Copy, Inc. George C. Davis Bob Feldman Southeast corner of Boynton Beach Boulevard and N.W. 7th Street NEW SITE PLAN: Request for site plan approval to construct a 3,780 square feet, two-story building on a .225 acre parcel ~ representing the applicant, advised that there has been total compliance with all of the Ordinances and statutory requirements. He urged the Commission to adopt and endorse the recommendation from the Planning and Development Board, the TRC and staff that this matter be approved. Ms. Heyden advised that a new sketch was received today regarding the sidewalk which supersedes the sketch in the back-up material The sketch was reviewed by the Engineering Department. Mr. Davis reworked the area, and it still meets Code. It has been accepted by Engineering. With regard to traffic concurrency, Ms. Heyden heard from Palm Beach County Traffic Engineering today, and the applicant is okay with the traffic study. Mr. Davis submitted a letter dated August 3, indicating the additions he will add to the building. Mark Roberts, 650 W. I]oynton Beach Boulevard, distributed information to the Commissioners and requested a copy of the sketch which was submitted today. He spoke in opposition of this site plan, and feels it should be rejected because it does not fit in with the other commercial buildings on Boynton Beach Boulevard. The building will be the only one which is only 30' deep and set back from the road only 30'. It will be the only two-story building between 1-95 and Congress Avenue which is commercial. It is the only building whose back faces Boynton Beach Boulevard. The roof pitch proposed is Iow and not consistent with any buildings on surrounding blocks. Dr. Roberts advised that teens congregate on his property and harass the neighbors. A two-story building will shield the two properties and may cause an increase in loitering and crime. Dr. Roberts does not believe Clear Copy meets all building ordinances, safety and utilization issues. In addition, he feels it should be denied because it is too large for this piece of property, and he does not believe the building can ever meet the required building Codes. Dr. Roberts referred to the Code relative to perimeter landscaping on abutting properties. The proposed hedge on the eastern side is non-conforming and does not meet the requirement sections of ]4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 the landscape code. The hedge is 10" short of the required 30" width. Approving this site plan indicates that the Ordinance is being selectively enforced in this case. According to the Code, Clear Copy is not exempt from placing a conforming 30" hedge buffer on the property. Clear Copy should be required to uphold what is required, or should be given credit for the existing 20" and only have to make up the missing 10" of the planting area. Dr. Roberts referred to the issue of the sidewalk width. The drawing in the back-up material would require modifying the turning radius of the existing street to 25'. This would be a Code violation and requires a variance because Clear Copy would lose a parking space. In addition, Dr. Roberts stated that it is impossible for the garbage trucks to enter, leave and service the property without violating the land development Codes. If the use of the building changes, it may never be able to have adequate garbage pickup. Public Works states that Clear Copy will generate three cans or less of garbage. Therefore, they will provide curbside pickup. Dr. Roberts contacted printing shops and found that an 800 square foot shop generates two cans of garbage per day during a busy winter season. The fire inspector, after reviewing the revised site plan, agrees that it is impossible to service the property with the smallest fire trucks without illegal ingress and egress to the site. Many of the standard delivery trucks such as GPS or standard flatbed trucks contracted by the City for towing will not be able to access the site. Clear Copy has not submitted the drainage design. The site plan does not address the fact that the east side of the property has an elevation 4' higher than the west side of the property. Since the property is only 50' wide, in order to drain properly, either the west side of the property must be raised requiring a retaining wall which will encroach on the planting area, or the east side of the property must be lowered. A engineered wall must be constructed in order to prevent damage to the doctor's property. This will encroach on the back-up space required for the parking lot, thereby requiring another variance. Dr. Roberts said Clear Copy stated that this project will have very little traffic. The traffic impact study they submitted to the County shows that Clear Copy will have as many as 116 cars per day based on the trip generation of three other print shops. The County stated that if the property is to be used for a print shop, a restricted covenant must be placed on the property. Dr. Roberts feels the City is leaving itself open for a possible conflict by approving a project which requires variances. He feels they should devise a new site plan or file for the variances everyone else had to file for when their properties were developed. Mr. Moore pointed out that the doctor would have problems with any development plan submitted because he feels the development of the property will impede the visibility of his building from eastbound traffic on Boynton Beach Boulevard. Mr. Moore asked that the Commission interpret the City's Ordinances based on the recommendations of the City's experienced and technical staff. This applicant is in total compliance with all of the City's ordinances. He urged the Commission to approve this project. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Commissioner Jaskiewicz confirmed with Mr. Feldman that the property, when purchased, had an unusual configuration. When he purchased the parcel, he had other ideas for development; however, every attempt to develop was knocked down by Planning. At this point, he has satisfied every request made by the City. In response to Commissioner Jaskiewicz' question, Mr. Feldman advised that the majority of the waste generated by this business is recyclable. Garbage will probably amount to one can per week. Mr. Feldman further advised that 90 percent of his business is pickup and delivery at country clubs. His customers do not come to his shop. There is very little traffic generated at his business. He offered to prove this statement by showing the last five years' bills. The retail area of this building is only 300 square feet. The second floor contains the offices. Commissioner Jaskiewicz searched the land development regulations in an attempt to find something which would provide the City Commission with the ability to deny this development. She could not find any reason to deny this request with the exception of how this project conforms to the existing area. At that point, she checked Gateway Center and found that the height of the Center in certain areas is 30'. Mr. Feldman's building is 25' in height. With regard to the 30" hedge, Building Department Memorandum #95-267 explains that the problem evolved because of the landscaping strip on the existing property. The neighboring property should not be penalized for the paving on Dr. Roberts' property being too close. In addition, Commissioner Jaskiewicz feels this development might provide more security to the neighborhood than the present vacant parcel. Mayor Pro Tem Matson reminded the applicant that she was very vocal about this project when it first appeared. She pointed out that she cannot vote against this project because it is a two-story building. She was concerned with areas where she felt variances were required. A letter was sent to the City from Mr. Davis rectifying a majority of the problems. With regard to the overhead doors, the Planner stated at the last meeting that the way the Code reads is different from her intent. Mayor Pro Tem Matson is still expecting to receive a new ordinance so that this loophole is eliminated. Mr. Davis is willing to change the overhead doors to side-hinged doors to make it come into compliance. She had a problem with the light pole; however, the relocation of that pole eliminates the need for a variance. She pointed out that she is not an architect or a planner. Concurrency has been received which eliminates the problem of traffic. Mayor Pro Tem Matson was concerned about the problem with the ingress, but by Public Works using smaller trucks, the problem has been eliminated. Most of her concerns have been addressed. With regard to the 10" hedge issue, Attorney Cherof explained that this is a unique situation. This property owner cannot be required to remedy a defect on an adjacent property. The City's approval of the hedge on the adjacent property in less than full compliance with the Code works to estop the City at this point. Vice Mayor Bradley feels the improvements brought back by Mr. Davis are a nice addition to the building. There are many tight constraints on this site. He questioned why the applicant will be having 9' ceilings instead of 8' ceilings which will provide more pitch to the roof. 16 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Mr. Feldman said he prefers 10' ceilings for ventilation. However, in this case he went with 9'. He stated that he might gain an additional foot if he decides to have a wooden floor rather than a concrete floor on the second floor. Mr. Davis will make that determination. Commissioner Rosen questioned whether or not an approval for drainage exists. Ms. Heyden advised that the Engineering Department has not changed its opinion and they feel the applicant meets the drainage requirements. Ms. Heyden referred to Page 2 of Memorandum 95-325 where she summarizes the drainage issue. Mayor Pro Tem Matson disclosed that she spoke with Kathy Shabotynskyj of the Chamber of Commerce and Naomi Wilson about this project. She told them she was against this project, but had not seen the back-up material at that time. Michael Barr, 206 Scarbrough Lane, echoed the concerns of Dr. Roberts particularly with regard to the conflict with the architectural profile of the area. Attorney Cherof advised that Dr. Roberts' should be provided with an opportunity to ask Ms. Heyden a question on testimony she offered. Dr. Roberts indicated that he spoke with Mr. Hall of the Engineering Department. In his opinion, it will be impossible at permitting to comply with the drainage unless a retaining wall is built. If the retaining wall is built, it will further encroach on the turning area or the planting area of the property. Dr. Roberts inquired whether or not this statement was correct. Ms. Heyden advised that she had never heard those remarks until this point. Dr. Roberts questioned Mr. Eichorst relative to the length of trucks that pick up recyclables. Attorney Cherof advised that Mr. Eichorst has not testified and is not subject to cross examination. Commissioner Jaskiewicz confirmed with Ms. Heyden that the trucks are smaller and will be able to maneuver. Dr. Roberts questioned whether or not the site plan would have to be reapproved if the drainage cannot be designed. Ms. Heyden explained that if there is a problem with the retaining wall which causes another problem on the site, a variance would be required. If the recycling truck cannot maneuver on site, a determination will be made relative to the method of garbage pickup. Motion Vice Mayor Bradley moved to approve the site plan for Clear Copy subject to staff comments. Commissioner Jaskiewicz seconded the motion. Commissioner Rosen assumed that the matter of drainage was included in the motion, and Mayor Pro Tem Matson asked for confirmation that the motion includes all of Ms. Heyden's stipulations. Vice MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Mayor Bradley stated that the motion is subject to staff comments. The motion carried unanimously. MAYOR TAYLOR DECLARED AT TEN-MINUTE RECESS. THE MEETING RESUMED AT 8:30 P.M. Do Project Name: Agent: Owner: Location: Description: Grove Plaza Charles W. DeSanti/Julian Bryan Dr. Walter H. Janke and Mrs. Alice Fay Southeast corner of Hypoluxo Road and Lawrence Road MASTER PLAN: Request for master plan approval to subdivide a commercially-zoned parcel into six lots for future development Jer~ Knight, representing the applicant, requested approval of the master plan for Grove Plaza. This parcel is eight acres in size and is located at Hypoluxo Road and Lawrence Road. In 1992, the City annexed this property and the City Commission amended the Land Use Plan to reclassify it as Local Retail Commercial and rezone it to C-3. The master plan shows six freestanding buildings sharing four access openings and cross-access easements. The City Commission will review each individual parcel for site plan approval and plat approval. Julian Bryan, representing the applicant, advised that the applicant agrees with all of the staff comments. This is probably the first non-residential master plan being reviewed by the City Commission. It provides enough information to allow the safeguards needed for interior circulation, setbacks, landscaping, open space, etc. One of the significant things offered by the plan is approximately three times the landscaped yards adjacent to the rights-of-way of Hypoluxo Road and Lawrence Road. It provides for a 20' landscape easement on the rear. Each of the six freestanding sites has an access drive on one side or the other in an effort to minimize interior traffic circulation. The rear drive is one-way eastbound so that residential users heading north on Lawrence Road can make a right turn into the property and access any of the facilities. Westbound traffic can turn at the existing median which is approximately 1000' east of the intersection. One of the main reasons for the access road was staff's concern for garbage pickup. All garbage pickup will be provided on the rear of the property. This project will consist of 29,500 square feet of gross leasable building area. Ms. Heyden advised that this is the first step in the subdivision of this commercial property. The next step will be platting. This sets forth the concept plan for the subdivision. Ms. Heyden spoke with Palm Beach County Traffic Engineering relative to dedication of rights-of-way. There is a Lake Worth Drainage District canal between Hypoluxo and the applicantts property. There could be some problems dedicating that additional right-of-way. However, there will be no additional problems for the right-of-way for Lawrence Road. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 In response to Commissioner Jaskiewiczt question, Mr. DeSanti believes it could take from nine to eleven months before construction begins. There is a great deal of work relative to community development. Mayor Pro Tem Matson questioned whether or not there are any plans for a gas station on any of these parcels. Mr. Bryan's response was negative. Commissioner Rosen raised the question of project completion based on traffic on Lawrence Road. Mr. Knight explained that under the concurrency letter from Palm Beach County, the applicant is required to phase the development of the site with the improvements of Gateway Boulevard and Lantana Road. The applicants advised the Commission that the canal is already culverted. Vice Mayor Bradley feels the applicant has done a great job with this project. He inquired as to the type of tenants who will occupy this space. Mr. DeSanti explained that there are a number of components to the project. Retail represents 18,000 square feet of space which is approximately two or three buildings. He envisions a book store, optical shop, etc. When this returns to the Commission at the next phase, more detailed guidelines will have been worked out. Mr. DeSanti added that from the right-of-way, each building is more than 130' back off the edge of right-of-way. Mr. Knight clarified that there was a reference to a landscape appeal mentioned in the back-up material. That appeal was withdrawn. Vice Mayor Bradley feels this project will draw the residents of this City. He is anxious to see more of these types of developments in the future. Motion Commissioner Jaskiewicz moved to approve the subdivision of a commercially-zoned parcel into six lots for future development of Grove Plaza subject to staff recommendations. Vice Mayor Bradley seconded the motion which carried 5-0. Project Name: Agent: Owner: Location: Descri pti on: Boynton Festive Center Jill Jarkesy Douglas McMillen Northwest corner of Congress Avenue and Old Boynton Road COMMUNITY DESIGN PLAN APPEAL: Request for a Community Design Plan appeal to change the colors, materials and architectural features of a previously-approved outparcel to be used for a Hops Grill and Bar Restaurant Jill ,larkesy, agent for the applicant, explained that, at first, the applicant agreed with the ]9 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 recommendations made by staff. However, there were certain architectural features which Hops Grill & Bar felt strongly about. Ms. Jarkesy explained that the applicant agreed with staff on the following recommendations: 1. They agreed to remove the exposed neon band which bordered the top of the building. 2. They agreed to paint the background stucco a coconut cream color. 3. They agreed to modify the green gooseneck lights on the building from green to red. In addition, the Planning Director originally requested that the applicant modify the round stucco columns to be square and brick. The Planning Department has backed down from that request. The only remaining items which are part of the appeal are as follows: They are proposing a red metal barrel tile roof. Planning has requested the applicant to have a metal standing seam roof. Ms. Jarkesy circulated photos of a Hops Grill & Bar restaurant with both types of roofs. It is the applicant's opinion that the barrel tile is much more aesthetically pleasing. There are 12 of these restaurants throughout the State. The first prototype had a standing seam roof. All remaining restaurants have the barrel tile roof. o The applicant is appealing color. The Planning Department has recommended that the applicant utilize the color which is on the entry feature to the Circuit City store. The applicant's agents visited the Linton Boulevard Circuit City store to view the tiles. The color is burgundy. The applicant is proposing a true red which matches almost exactly the features on the border and the Circuit City stores with the exception of the entry feature. The applicant is requesting permission to use a truer red rather than the burgundy. 3. The Planning Director requested that all of the cedar trim be stained. The applicant proposed to stain the cedar trim with a natural stain, and seal it. This is maintained every six months. The cedar trim is part of their overall image and marketing scheme. Ms. Jarkesy advised that a Red Robin was previously approved on this site. It was a predominantly red outparcel. That color red is what the applicant is currently proposing. In addition, there is red on the Longhorn Steakhouse, and the shade they used on the gooseneck lights is the same shade of red the applicant proposes. All of the signage in the center is the truer red. Ms. Jarkesy confirmed for Ms. Heyden that the applicant has agreed with Recommendations Nos. 5 and 6 of Planning and Zoning Department Memorandum No. 95-490. They are appealing #1 (barrel tile 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 roof), #2 (true red rather than burgundy for the tile and the stripe), #3 (dealing with the request to delete the wood siding). Planning is now requesting this be changed to stucco. The applicant wishes to maintain the cedar and that all the cedar on the entire building be stained naturally and sealed rather than painted or stained red), and #4 (Staff asked that the fascia be stained red. The applicant wishes to keep the natural finish.) Ms. Heyden displayed a photo of the Longhorn Steakhouse which used a combination of wood and brick. The gooseneck lamps are red, and Longhorn's prominent feature is metal standing seams. Ms. Heyden advised that if it were necessary to prioritize their conditions, the most important one is the metal barrel tile roof. It does not look like barrel tile. Ms. Heyden feels the standing seam roof is an improvement over the barrel tile. In addition, she feels a standing seam roof will help tie the outparcels together. Ms. Jarkesy explained that when the Longhorn Steakhouse was approved, it was in the Modern District. Since that time, the districts have been eliminated and this area is no longer a Modern District. The only requirement now is that this outparcel be uniform. The background color of the building is exactly the same as the main center, and the red is similar to the reds in the center. Vice Mayor Bradley felt that keeping the cedar clear and natural will go along with the Longhorn Steakhouse. It appears to him that the cedar on Hops would help meld the outparcels. Ms. Heyden said staff originally wanted brick since the main building is brick, as is Longhorn. Staff tried to make all buildings compatible by carrying over some of the colors and elements from the main building. This applicant has used stucco and the coconut cream color in an effort to make the buildings compatible. The majority of the Commissioners preferred the look of the barrel tile to the metal standing seam. Mayor Pro Tem Matson feels the barrel tile is a very interesting architectural point. Since Longhorn is so non-descript, there will be no clashing with this feature. She likes the true red color rather than the burgundy. She likes the idea of the stained cedar. Commissioner Jaskiewicz also disagreed with staff on this project. In reviewing the photos, the contrast between the two roof styles is like "night and day". The barrel tile is more aesthetically pleasing. In response to Vice Mayor Bradley's question, Ms. Jarkesy stated that the roof style change was made because the standing seam roof appeared to be brighter and looked like plastic. The barrel tile looks more natural and blends better with the cedar trim. Commissioner Rosen objected to the color green in the awning. However, Ms. Jarkesy explained that the awning is part of the corporate logo. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Lee Wische; 1302~SW 18 Street, stated that the Commission"s responsibility is to make sure these 21 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 applicants conform to our Code and zoning. Color choices are a personal issue. Mr. Wische feels the color scheme should blend with the shopping center. He feels this project blends in beautifully with the other buildings. He does not believe it is within the Commission's jurisdiction to force the applicant to change a color. He feels the Commission has no choice but to approve the project. Mayor Taylor explained that the City Commission has a bit more jurisdiction than Mr. Wische alluded to. The Commission has many items to consider including how the surrounding area is affected and how the citizens feel about it. Vice Mayor Bradley would prefer to see the metal seam roof because Longhorn has that type of roof and continuity would be provided. He feels the cedar should remain cedar and he can support the remainder of the project. In reviewing the photos, Commissioner Jaskiewicz noticed that the signage over the awning was changed. Ms. Jarkesy confirmed that the sign in the photo depicting the barrel tile roof is the one the applicant is proposing. The sign will be on the building. Motion Commissioner Jaskiewicz moved to approve the project, approving the applicant's #1, #2, #3, and #4 suggestion, and agreeing with staff's recommendations #5 and #6. Mayor Pro Tem Matson seconded the motion. Mayor Pro Tem Matson clarified that this motion includes the barrel tile roof, the natural red, the cedar remaining, and the cedar being stained. The applicant will use coconut cream and a true red rather than burgundy. The motion carried 5-0. Project Name: Owner: A§ent: Location: Description: Packaging Concepts P.J.M. and Associates LC Jeff Lis 4925 Park Ridge Boulevard USE APPROVAL: Request to amend the list of permitted uses for the Quantum Park PID to allow research and development and the manufacture of non-aerosol spray dispensing systems on industrially-designated lots Ms. Heyden advised that she faxed Mr. Lis a copy of the Hazardous Materials Contamination Response Plan, and she questioned whether or not Mr. Lis had any problem or question regarding that Plan. Jeff Lis; agent for the ap~icant; advised that he now has clarification and direction, and he has no problem. However, he requested that Ms. Heyden reference the State Statutes relative to 40 CFR 264 and fax that reference to him so that he can review it. 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Mayor Taylor questioned whether or not the applicant was comfortable with the surety issue. Mr. Lis stated that if he is required to post surety, he wants to know why and in what amount. He learned today that Quantum has a program for resource recovery. If there are potential contaminants used, there must be containment. Mr. Lis has no problem complying with that. In response to a question from Mayor Pro Tern Matson, Ms. Heyden confirmed that it is necessary to amend the list of permitted uses because this use is not currently allowed. Motion Commissioner Jaskiewicz moved to amend the list of permitted uses to allow research and development and the manufacture of non-aerosol spray dispensing systems on industrially designated lots, including staff recommendations. Mayor Pro Tem Matson seconded the motion which carried unanimously. Go Project Name: Owner: Agent: Location: Description: Packaging Concepts P.J.M. and Associates LC Jeff Lis 4925 Park Ridge Boulevard SITE PLAN: Request for site plan approval to construct a 24,158 square foot manufacturing building on a portion of lots 47A and 47B (total of 1.48 acres), designated as industrial, within the Quantum Park PID Mr. Lis confirmed for Ms. Heyden that he is satisfied with the way the Police Department issue has been resolved. Mr. Lis explained that when he appeared before the Planning and Development Board, there was a request that the roads be widened to 26' to accommodate semis which are 11' in width. The issue has been resolved with the Police Department and as along as the applicant is not required to widen the roads to accommodate semi traffic within Quantum Park, the applicant has no problems with any other conditions imposed by staff. Motion Mayor Pro Tem Matson moved to approve Packaging Concepts, 4925 Park Ridge Blvd., request for site plan approval to construct a 24,158 square foot manufacturing building on a portion of lots 47A and 47B (total of 1.48 acres), designated as industrial, within the Quantum Park PID. Commissioner Jaskiewicz seconded the motion which carried unanimously. Ho Project Name: Owner: Agent: Location: Description: Boynton Estates f.k.a. Citrus Park Next Boynton Homes Ltd. Ramiro Rencurrell 8350 Lawrence Road SITE PLANS: Request for site plan approval to construct project entrance structure, signs and common area landscaping 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Mayor Pro Tem Matson stated that when this application came forward previously, the Commission voted that the applicant not use the name "Boynton Estates". She pointed out that she lives in Boynton Estates which is part of Boynton Lakes North. There is another subdivision known as "Old Boynton Estates". When this application went before the TRC, staff recommended that it did not matter. She is concerned with whether or not the TRC can override a City Commission vote. Mayor Taylor and Commissioner Jaskiewicz recalled that the Commission asked staff to investigate this issue to see if there woUld be a problem with this name. Ms. Heyden stated that the TRC was not overriding the City Commission. It was the TRC~s opinion that there was not a problem. Mayor Pro Tem Matson said she raised this issue because of her concern relative to confusion during emergency responses. Ms. Heyden advised that Police and Fire do not have a problem because they respond to emergencies by address. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Motion Commissioner Rosen moved to approve this request subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried 4-1. (Mayor Pro Tem Matson cast the dissenting vote.) Project Name: Agent: Owner: Location: Description: Main Street Car Wash Jim Zengage Mary Fisher 201 East Boynton Beach Boulevard MAJOR SITE PLAN MODIFICATION: Request to amend the approved site plan to expand the car wash to include a canopy for automobile polishing and vacuuming, additional parking and a vehicle stacking area on a .23 acre parcel north of the existing car wash Ms. Heyden reported that a number of issues arose at the Planning and Development Board meeting. Staff reevaluated two comments in the back-up memorandum and agreed to delete Comments #3 and 5. In addition, the applicant would like to add a storage building at this point without staff review. In reviewing the area for its location, it appears there would be setback problems. For that reason, the storage building needs to be reviewed at a later date under a separate submittal. Staff recommends approval subject to staff comments with the exceptions of Comments #3 and 5. Mr. Zengage, agent for the applicant, advised that during the TRC meeting after first review of the plans, deletion of the parking spaces came up, and the applicant agreed to that condition. During the first opportunity of site plan review, the applicant spoke with Ms. Parker about the addition of a storage shed on the new site. It did not work out during that process. However, at this point, it appears logical to add the storage shed. No variances are requested. The applicant would like the opportunity to add 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 this shed if it applies to Code and meets all requirements. In an attempt to speed up the process, he requested authorization for the Building Department or TRC to approve this addition if requirements are met. Ms. Heyden explained that if the size exceeds 5 percent, it would require formal site plan review. If it is under 5 percent, it can go through the minor site plan process in the Building Department. When square footage is added, if the structure falls under that "adding square footage category", many issues must be reviewed. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Commissioner Jaskiewicz moved to approve the request to amend the approved site plan to expand the car wash to include a canopy for automobile polishing and vacuuming, additional parking, and a vehicle stacking area on a .23 acre parcel north of the existing car wash, subject to staff comments. Vice Mayor Bradley seconded the motion which carried unanimously. Project Name: Agent: Owner: Location: Description: Palm Walk a/k/a Boynton Belvedere Mark Fassey Trio Associates Limited North side of S.W. 19th Avenue, approximately 351 feet east of Congress Avenue TIME EXTENSIONS: Request for a one-year time extension for conditional use approval and concurrency certification for construction of a 48 bed adult congregate living facility (ACLF) for Alzheimer's/dementia patients Mark Fassey; agent for the applicant, was present in the audience. Motion Vice Mayor Bradley moved to approve the one-year time extension for conditional use approval subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried unanimously. K. Administrative appeal for Shoppes of Boynton for Ross Dress for Less John Hoecker, managing agent for the Shoppes of Boynton, reported that they are attempting to modify an entryway to one of the major anchor tenant spaces. A great deal of money has been invested in this shopping center, and there are no plans to do anything which will detract from its appearance. "Ross Dress for Less" will occupy the largest space in the building. This area lacks identity. The space has been vacant for over a year, and that problem has been resolved by filling the space with "Ross Dress for Less". The problem encountered in filling the space resulted from the fact that the space is set back from the remainder of the center. Because it is an anchor space, and the largest space in the building, the owners feel it warrants more identity than currently exists. 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Mark Saltz, architect for the proiect, reported that a new sketch exists which addresses staff's comments and his client's need for identity. They arrived at a proposal which replicates the triangular peaks, but extends the peak to a higher elevation over what was originally Freddy's. In doing this, the sign band can be placed in the identical height location in relation to the ground. He displayed photographs of the current conditions, and a sketch of the proposal. At a meeting with Ms. Heyden, there was discussion relative to bringing the two columns forward so that they are flush and will allow a location for placement of the "Ross" sign. If the peak is replicated to match the top parapet of the building, no advantage is gained. The sign will still remain at the same elevation, and will not be able to be seen from the street. The applicant is proposing to align the trim bands. This will then permit the "Ross" sign to be placed in line with the "Luria's" sign. The applicant is attempting to match the height of the "Luria's" sign. Mr. Saltz feels that if the Commission approves raising the peak, he can work out everything else with staff. Ms. Heyden advised that the applicant has taken staff's comments, worked with them, and met staff somewhere in between. The applicant is proposing a letter height of 72". The sign program for the shopping center was amended in 1993 to allow letters up to 48". She would approve the sketch as long as the letter height is not greater than 48". Mr. Saltz pointed out that when the sign program was amended to 48", it was done for Ben Franklin which is a junior anchor. "Ross" would not want a sign less than "Luria's". The original sign criteria called for all the anchor tenants to have one color sign, and all junior anchors to have another color. Vice Mayor Bradley pointed out that the project could be approved subject to the sign matching the size of Luria's sign. Commissioner Rosen asked for clarification on the design of the "Ross Dress for Less" sign. Mr. Saltz explained that the "Ross" sign is blue in color, and it is internally neon lighted. The sign has individual channel letters. Mayor Taylor inquired as to the height of the individual letters. John Quincy, store architect for Ross Dress for Less, explained that if they use 60 .... Ross" letters, they would then use 30 .... Dress for Less" letters. "Ross" would like to maintain parity with the other major tenant in the center. The "Dress for Less" portion of the sign will be located lower than the "Ross" portion. It is essential that the name "Ross" be the same size as Luria's (5'), and then the lower band at 30". Mayor Taylor feels this tenant will then have a sign, when the two lines are combined, which measures approximately 8'. Luria's may then have the same complaint. Mr. Quincy stated that the lower the sign location is placed, the more the planting area will obscure it. There is not sufficient room to place the entire logo in the upper area. "Ross" feels the 5' sign 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 matching Luria's (having the same height) provides parity and will work to the benefit of the center. Mayor Taylor confirmed with the applicants that the top line of the "Ross" sign will be at the same height as the top line of the Luria's sign. In response to Mayor Taylor~s question, Ms. Heyden maintains that 48'7 is adequate for signage. She feels a 57 letter height is very large, and LuriaTs sign is too big. She does not feel this is necessary. Mayor Taylor agreed because he felt this sign would be larger than Luria~s. Commissioner Rosen feels that if they match Luria's and are aligned with that sign, it will look better. Eye appeal suggests that the signs be aligned and matched. Mayor Pro Tem Matson and Commissioner Jaskiewicz agreed. ~&otion Mayor Pro Tern Matson moved to approve the appeal for "Ross Dress for Less" to change the building facade as the new drawing tonight stipulated, and to approve the lettering at the same height and on the same level as the "Luria~s" for "Ross"; and the "Dress for Less" to be smaller and proportionate. Commissioner Jaskiewicz seconded the motion. Vice Mayor Bradley believes the 4~ letters are the way to go. If all of the letters on all of the buildings were exactly the same, he would vote for 5'. However, because of the signage underneath the name "Ross", he feels 4~ is the way to go. He will vote against this application. Mayor Pro Tem Matson feels they should be uniform. The motion carried 3-2. (Mayor Taylor and Vice Mayor Bradley cast the dissenting votes.) IX. NEW BUSINESS: A. Items for discussion requested by Mayor Jerry Taylor 1. Amend sign code for fast food drive-through menu boards Mayor Taylor advised that our Sign Code now calls for 25 square feet for menu boards. The sign at the McDonald's on Federal Highway and other businesses throughout the City exceed that Code. He does not have a big problem with the 5~ x 77 sign McDonald's is proposing for their new location on Congress Avenue. Clark Bridgman, representing McDonald's, said the applicant has been before the various boards to present their site plan. They have adhered to staff's recommendations particularly on signage and the menu board. Mr. Bridgman has reviewed existing menu boards throughout the City and found the existing menu boards are equivalent to McDonald's standard menu board. The 5~ x 7' board is an industry standard. He requested support from the City Commission to allow the use of this size sign at the new location on Congress Avenue. 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Commissioner Rosen said this site will be a new concept, and therefore, they should design a new menu board. There will be a tremendous amount of confusion with a gasoline station, carry-out, restaurant and restroom. Commissioner Rosen recommends that by eliminating the illustrative center section of the sign, the menu board will be very close in size to the requirements of the Code, and would be a better-looking sign. Commissioner Rosen will vote against this request. Commissioner Jaskiewicz does not have a problem with the sign being slightly larger with regard to the lettering, but does not feel the illustrations are necessary. Mayor Pro Tem Matson reviewed the building official's memorandum of September 14, wherein he states that the sign ordinance has been in place since before 1988, and many of the newly-approved projects were held to the standards of that ordinance. In addition, changing the law to accommodate a particular complainant is now sound public policy when a variance procedure is in place. Vice Mayor Bradley recommended that the applicant eliminate the pictures from the sign. Mr. Bridgman explained that the photos identify certain packages offered by McDonald's. This facilitates the drive-through concept because it allows the customer to order by item number. This is a standard throughout the industry. Mr. Bridgman further explained that in discussions with staff, the applicant was 1 ½ square feet under the administrative process for the standard 5' x 7' menu board. This did not take the exclusion of pictures into consideration. Commissioner Jaskiewicz felt that the other McDonald's sites throughout the City were larger and stood alone. This is a smaller, combination site, and a 5' x 7' sign is very large. Mr. Bridgman said the applicant is attempting to provide a menu board which is easy to read. The sign will be located behind the building and will not be seen from the roadway. This combined use is approximately the same size building as currently exists on Woolbright Road. There was a consensus of the Commission not to amend the Sign Code for the fast-food drive-through menu board. 2. Set Date for Workshop Meeting There was agreement among the Commission to hold this meeting on Thursday, October 26, at 4:00 p.m. The topic of discussion will be the Appearance Code. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING *should read, "...not soUnd policy..' 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 1. Proposed Ordinance No. 095-28 Re: Land Use Amendment- Lake Worth Christian School (Required document not submitted as yet) ................................................................................................. TAB LED 2. Proposed Ordinance No. 095-29 Re: Rezoning - Lake Worth Christian School (Requirement document not submitted as yet) ................. TABLED These two Ordinances remained on the table. 3. Proposed Ordinance No. O95-31 Re: Expand membership of Board of Adjustment to add three regular members .................................. TABLED RECOA,IMEND TABLING UNTIL AFTER WORKSHOP MEETING This item was stricken from the agenda earlier in the meeting. 4. Proposed Ordinance No. 095-32 Re: Authorize amending Utility Deposits Attorney Cherof read Proposed Ordinance No. 095-32 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-32 on second and final reading. CommissionerJaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 5. Proposed Ordinance No. 095-33 Re: Land Use Amendment - 2404 S. Federal Highway (Gentleman Jim's) Attorney Cherof read Proposed Ordinance No. 095-33 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. ~4otion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-33 on second and final reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. o Proposed Ordinance No. 095-34 (Gentleman Jim's) Re: Rezoning - 2404 S. Federal Highway 29 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Attorney Cherof read Proposed Ordinance No. O95-34 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. Motion Commissioner Rosen moved to approve Proposed Ordinance No. 095-34 on second and final reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. o Proposed Ordinance No. 095-35 Re: Comprehensive Plan Text Amendment- 2404 S. Federal Highway (Gentleman Jim's) Attorney Cherof read Proposed Ordinance No. 095-35 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. M~tion Commissioner Rosen moved to approve Proposed Ordinance No. 095-35 on second and final reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. o Proposed Ordinance No. 095-36 Re: Comprehensive Plan Text Amendment - Table #24 (revise table to show correct maximum density for special high density residential classification as 20 units/acre) Attorney Cherof read Proposed Ordinance No. 095-36 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. Motion Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-36 on second and final reading. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. B. Ordinances- 1st Reading: None C. Resolutions: 3O MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Proposed Resolution No. R95-144 - Supporting the West Boynton Community Plan ....................................................................... TABLED Motion Vice Mayor Bradley moved to remove Proposed Resolution R95-144 from the table. Commissioner Jaskiewicz seconded the motion which carried unanimously. Attorney Cherof read Proposed Resolution R95-144 by title only. Motion Vice Mayor Bradley moved to approve Proposed Resolution R95-144. Commissioner Jaskiewicz seconded the motion. After reviewing this plan, Commissioner Rosen was disappointed that there was no reference to the subject of annexation. Mayor Taylor noted that the only reference he saw to annexation dealt with a request to annex properties into the City in the same classification they existed in the County. Mayor Pro Tern Matson is concerned that this plan may come back to haunt the City in the future. She expressed concern about schools and the interlocal agreements. She suggests drawing up a Resolution acknowledging the plan. Commissioner Jaskiewicz pointed out that the items mentioned by Mayor Pro Tem Matson were Revisions #65 and #66. Mayor Taylor pointed out that this plan is not binding in any way. It is strictly a policy guide. The City will be accepting the policy guide. Vice Mayor Bradley feels this plan shows good faith and interest in working together and cooperating with each other. He is in favor of it. The motion carried 5-0. o Proposed Resolution No. R95-156 Re: Approve the pay rates for 1995/96 Fiscal Year for certain municipal employees, non-union, classified and non- classified municipal employees Attorney Cherof read Proposed Resolution No. R95-156 by title only. Motion Vice Mayor Bradley moved to approve P(oposed Resolution R95-156. Commissioner Rosen seconded 31 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 3. Proposed Resolution No. R95-157 Re: Authorize execution of billboard removal and relocation agreement Attorney Cherof read Proposed Resolution No. R95-157 by title only. Commissioner Rosen felt the City Commission needed additional back-up information which was not present in the agenda packet. He pointed out that there was reference made to locations for these billboards. Robert Wexler, representing the applicants, distributed two maps showing the locations to be eliminated and the locations of the new billboards. Mayor Pro Tem Matson said she asked the City Manager when this item would appear on the agenda because there were a number of people who wished to speak on this issue. The City Manager stated she was not sure when it would appear on the agenda. The appearance of this item at this time gives the impression that this issue is being pushed through. She would like to have some of her questions answered since the City Attorney was not able to answer the questions she proposed. She is not prepared to vote on this issue at this time. She pointed out that she asked that the agreement include the current property owners. In reading this agreement, she does not believe they are included. She questioned whether or not the City could be sued, and what the ramifications are if the property owner wants to continue the billboard use. In addition, the City has already set into place a process for removal of these billboards from City property. Mayor Pro Tem Matson explained that the agenda memorandum refers to a letter of June 26, 1995. She has not seen that letter. The residents must have an opportunity to come to City Hall to discuss this issue. She will not vote on this issue until the people have a right to come out and know what is planned. Mayor Taylor said this is not the first time this issue has been discussed at a Commission meeting. It has been in the newspapers and it is listed on the agenda. Commissioner Jaskiewicz stated that she has not had the opportunity to visit each of the locations. This is someth lng the City will be committing itself to for the next 20 years; therefore, everyone must peruse the information carefully, visit the site and receive public input. She recommended tabling this discussion. Commissioner Rosen would like to visit the locations. Mayor Pro Tem Matson moved to table. Commissioner Rosen suggested going a step further by calling a meeting to accept public input. Robert Wexler said the petitioner had no intention to shove this project down the public's throat. They were here two months ago for authorization for the City Manager to negotiate. In that process, the contracting parties contacted everyone the City Manager requested to be contacted. Mr. Wexler would not want to be party of not contacting the public. For the past two months, the contracting parties have agreed to each and every criteria the City Manager felt were appropriate to be included in the agreement. Not one single item was not agreed to. 32 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Mr. Wexler said there are three positive aspects to the City relative to this agreement. They are: Removal of 14 billboards in the City or on land subject to annexation by the City, to be replaced by eight billboards in the highest zoning of industrial land which borders 1-95. o Currently, the City does not get any compensation or remuneration from billboards. This proposal will return $50,000 per year and would escalate as time goes on. This will also provide a negotiated resolution to a problem which, in other jurisdictions, has led to litigation. Mr. Wexler does not believe the question is related to whether or not people are for or against billboards. He is against billboards; however, people have vested property rights in billboards. The question now is what to do with the existing billboards and existing property rights. Commissioner Jaskiewicz does not feel this issue is being shoved down her throat. She was aware of the fact that this was coming back; however, she believed the information would be presented this evening, and the Commission would have time to review it and vote on it in the future. This information needs to be relayed to the public. Mayor Pro Tem Matson wants to see the June 26, 1995 letter, and she would like the City Attorney to bring back information on what West Palm Beach, Ft. Lauderdale, and Delray Beach are doing, and why Boca Raton has been able to exclude this. Mayor Pro Tem Matson further asked whether or not annexation over a set period of time takes the place of dollars and remuneration for these billboards. This proposal tells her that our Ordinances are for sale for $50,000 a year. We already set into place a way to get rid of these signs (six of which are not in the City). There are areas where billboards are currently located which are not impacting residents. This proposal will move them to locations where people will see them from their windows. Mayor Taylor reminded the Commission that the City Manager was asked to look into this and get back to the Commission. He feels Mayor Pro Tem Matson's remarks are an exaggeration. He explained that the residents wanted the billboards out of the communities. Every place where this has been challenged in the courts, it has not been upheld in the courts. The City does not have enough money to challenge this in court. He does not have a problem getting the information out, and he wants community involvement. Mayor Pro Tem Matson explained that a past City Commission made a determination to eliminate billboards from the City. The issue was turned over to the City Attorney who returned with a way to accomplish that elimination. Commissioner Rosen asked for clarification on whether or not the negotiation period with the City Manager had been concluded. Mr. Wexler stated that the petitioner has agreed to everything which was presented by the City Manager and the City Attorney. 33 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Motion Commissioner Rosen moved to table this until the next City Commission meeting on Monday, October 2, to give everyone a chance to look at the areas involved. Mayor Pro Tem Matson seconded the motion. Vice Mayor Bradley felt that Senator Wexler did a good job of summarizing the condition. He realizes that no one is in favor of billboards. When Vice Mayor Bradley had lunch with the two gentlemen involved, they explained the situation to him in detail. The bottom line is whether or not the City's Ordinance can be enforced. He suggested directing the City Attorney to continue to pursue his investigation not only with surrounding cities and governmental entities, but go nationwide because this is an issue which is being debated on a national scale. The motion carried unanimously. Senator Wexler offered to meet with each of the Commissioners and any group of citizens between now and October 2, 1995. Commissioner Rosen questioned whether or not the Commissioners could take a bus trip to the locations of the billboards. Attorney Cherof advised that the Commissioners can have a bus trip as long as it is noticed and the public and press can also be accommodated. Vice Mayor Bradley recommended tabling this issue until the October 17 meeting to allow time for the City Attorney to do the necessary research. Attorney Cherof suggested leaving the date at October 2nd, and if there is difficulty getting the information by that date, the issue will be moved to October 17th. Substitute~Motion Mayor Pro Tem Matson moved to table this item until October 17. Vice Mayor Bradley seconded the motion which carried unanimously. The City Manager's Office can arrange for a bus tour for the Commissioners. D. Other Legal opinion on Board of Adjustment duties and responsibilities .................................................................................................. TABLED This item was stricken from the agenda earlier in the meeting. Entering into a stipulated agreement between the City of Boynton Beach v. Summit Associates, Ltd. 34 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 Entering into a stipulated agreement between the City of Boynton Beach v. Summit Associates, Ltd. Attorney Cherof advised that this item is conceptual in nature, and he was not requesting authorization to execute the stipulation since it might be premature. In 1972, the City was engaged in litigation with the predecessor entitled to the party known as Summit Properties. They owned the tract of land which is on Congress Avenue in front of and north of Hunters Run. There has been litigation within the last several years over changes in the proposed use of the property. That action was set aside by the court at the insistence of Summit Associates. The law of that most recent case was that the City and Summit Properties were bound by the 1973 court order which treated the property as C-3 and specific uses were carved out of the C-3. One of the uses not allowed in C-3 is any form of residential use. It is the City's understanding that Summit Properties has several people interested in developing the property from a residential perspective. In a letter received from the attorney for Summit Property sends a proposed amendment to the 1973 court order which would permit, in addition to the C-3 zoning, a clarification that residential would be permitted. City Attorney Cherof requested a consensus of the Commission that they are interested in pursuing the amendment to the court order. If that is the case, there are some modifications of the final judgment City Attorney Cherof would like to see made to make it more specific and detailed relative to use. Because the court order would be a rezoning of the property, he feels it should come back before the City Commission at a public hearing. As Commissioner Rosen recalled the situation, Summit said that what the court declared, only the courts could resolve. Attorney Cherof agreed this is their position, and was their position in the litigation. They are now requesting that we agreed to go with them to the court and advise the court that we have reached an agreement. In 99 cases out of 100, the court will ratify what the parties in the litigation have agreed to. Attorney Cherof further advised that Planning staff has not had an opportunity to provide input on this property. He will speak directly with representatives of Summit, and explain the process we will follow which will include fine tuning the modification of final judgment and processing it through a public hearing process before it reaches the court. Consensus There was a consensus of the Commission to accept City Attorney Cherof's recommendation. XI. UNFINISHED BUSINESS: None XII. CITY MANAGER'S REPORT: 35 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 XIII. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 10:50 p.m. ATTEST: City ~erk x~ ecretary ) CITY///~~~>~_~/~OF BOYNTO b~7///.~' · iafor Vice Mayor May~ Pro Tem 36 CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS SEPTEMBER 19, 1995 e 0 CH2M HILL .................................................. Task Order #24 - Gen Eng Serv/Util - through 6/24/95 Pay From Various Funds $ 17,450.68 CROM CORPORATION ....................................... $ 61,930.80 P.O. 7158. Periodic Est. #16/Storage Tank Construction Original Contract Change Orders Payments To Date Current Payment Contract Balance $2,201,780.00 0.00 1,829,897.28 61,930.80 309,951.92 Pay From 1990 Construction Fund -- 409-000-0-690-10 ERNST & YOUNG LLP ........................................ $ 34,250.00 Bond Issue Rebate Reports/Prof Services Pay from Gen Fund -- 001-131-5-468-00, $4,750.00 Pay From Public Serv Tax Fund -- 301-194-5-499-98, $12,500.00, Pay From Water & Sewer Rev Fund -- 401-391-5-468-00, $17,000.00 FLORIDA DEPT. OF LABOR & EMP. SECURITY ................ $19,760.84 4th Quarter Self Ins Assessment - 7/01 - 9/30/95 Pay From Self Insurance Fund -- 622-195-5-447-00 FLORIDA LEAGUE OF CITIES ................................ $15,094.00 Insurance Premium Pymts - Boiler, Machinery, A-3 Bonds Pay From Self Ins Fund -- 622-195-5-445-00, $4,426.00, 622-195-5-449-00, $10,668.00 P.B.C. SOLID WASTE AUTHORITY ............................ $ 89,895.45 Daily Landfill Use, Sweeper Use Pay From Sanitation Fund -- 431-341-5-490-01, $ 89,455.45, Pay From Gen Fund -- 001-411-5-490-01, $440.00 P.B.C. SOLID WASTE AUTHORITY ............................ $ 22,008.80 Share of Truck Lease - Final Payment Pay From Vehicle Service Fund--501-000-1-250-00 CO M M I SSI 0 Fl SEP 19 APPROVAL SCRWTD BOARD ............................................. Sludge Process Mod - Pymt #14/Final Pay From Util Gen Fund -- 403-000-0-691-22 $ 50,000.00 10. 11. 12. SCRWTD BOARD ............................................ $160,494.20 7/95 Daily Treatment/Disposal Use Charge Pay From Water & Sewer Rev Fund -- 401-353-5-490-09 SOUTH FLORIDA UTILITIES .................................. $ 26,345.58 P.O. 9781. Periodic Est #3, Lift Station Mod Original Contract Change Orders Payments To Date Current Payment Contract Balance $424,094.00 0.00 27,760.50 26,345.58 369,987.92 Pay From 1990 Construction Fund -- 409-000-0-691-10 WEST CONSTRUCTION INC .................................. $ 18,369.89 P.O. 8948. C-16 Canal Park Construction, Pymt #5/Final Original Contract Change Orders Adjusted Contract Payments To Date Current Payment Contract Balance $178,488.00 1,104.63 179,592.63 161,222.74 18,369.89 0.00 Pay From Federal Grant Fund -- 105-722-5-634-00 LAKE WORTH HERALD PRESS INC P.O. 8442. Funfare Printing Contract Pay From Gen Fund -- 001-721-5-472-00 ........................... $ 10,387.23 COMMISSi SEP 19 APPROVAL ON THESE BILLS HAVE BEEN APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. ANN, FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKE~ CITY MANAGER COMMISSION SEP 19 APPROVAL